Uganda Case Law

Leeuw v Macedonia Tobacco Company (C.A. 17/1931.)

Leeuw v Macedonia Tobacco Company (C.A. 17/1931.) [1931] EACA 6 (1 January 1931)

Court

East African Court of Appeal

Case number

C.A. 17/1931.

Judge

Barth CJ, Pickering, C.J. (Zanzibar), Thomas, J. (Kenya)

The Court held that the words 'Tumbako Asli' are a general adjectival term in Swahili meaning 'original' or 'genuine', commonly used by native consumers to describe tobacco of a certain quality and type. The evidence did not establish that the term had acquired a distinctive secondary meaning exclusively identifying the appellants' goods. The respondents' use of 'Tumbako Asli' was not calculated to deceive, nor was there any evidence of actual deception. The get-up of the respondents' packaging was entirely different from that of the appellants, and the price and other distinguishing features…

Source excerpt

• Passing Off
• Trade Marks
• Descriptive Terms
• Secondary Meaning
• Injunctive Relief